Pandiyammal v. The Additional Chief Secretary To Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.08.2023

CORAM

THE HON'BLE MR JUSTICE M.S.RAMESH AND THE HON'BLE MR JUSTICE M.NIRMAL KUMAR H.C.P.(MD)No.645 of 2023 Pandiyammal .. Petitioner /Mother of the Detenu Vs.

1.The State of Tamil Nadu, Represented by Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Fort St.George, Chennai - 9.

2.The District Collector and District Magistrate, Thoothukudi District, Thoothukudi.

3.The Superintendent, Central Prison, Palayamkottai, Tirunelveli District.

4.The Inspector of Police, Soorankudi Police Station, Thoothukudi District.

.. Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus, calling for the records relating to the detention order passed by the second respondent in Detention Order H.S. (M).Confdl.No.237/2022 dated 11.11.2022 and to quash the same and direct the respondents to produce the body or person of the detenu, Pandiyaraj, Son of Saravanan aged about 26 years, before this Court and set him at liberty, now detained at Central Prison, Palayamkottai, Tirunelveli District. For Petitioner : Mr.A.Ananda Raj For Respondents : Mr.A.Thiruvadikumar Additional Public Prosecutor

ORDER

(Order of the Court was made by M.S.RAMESH,J.) The petitioner is the mother of the detenu viz., Pandiyaraj, aged about 26 years, S/o.Saravanan. The detenu has been detained by the second respondent by his order in H.S.(M)Confdl.No.237/2022 dated 11.11.2022 holding him to be a "Drug Offender", as contemplated under Section 2(e) of Tamil Nadu Act 14 of 1982. The said order is under challenge in this Habeas Corpus Petition.

2. We have heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents. We have also perused the records produced by the Detaining Authority.

3. Though several grounds have been raised in the Habeas Corpus Petition, the learned counsel appearing for the petitioner would mainly focus his argument on the ground that the detention order was passed on 11.11.2022 and the grounds of detention ought to have been served within five days, i.e., on or before 15.11.2022. However, it was served on the detenu only on 18.11.2022 and therefore, there is a delay of eight days in serving the booklet to the detenu. On the said sole ground, he contended that the detention order is liable to be set aside.

4. The learned Additional Public Prosecutor has not filed his counter. However, he strongly opposed the Habeas Corpus Petition.

5. Perusal of the record would go to show that no doubt, the detention order was passed on 11.11.2022 and the booklet was served on the detenu

only on 18.11.2022, which is evident from the endorsement made as under: As per Section 8 of the Act 14 of 1982, the detaining authority not later than five days from the date of detention, serve the detenu the grounds of detention. As per the said Act, one day should be excluded. In the present case, after excluding the said one day, it is seen that the booklet has been served with a delay of seven days and hence, the detention order is liable to be quashed.

6. In the result, the Habeas Corpus Petition is allowed and the order of detention in H.S.(M)Confdl.No.237/2022 dated 11.11.2022 passed by the second respondent is set aside. The detenu, viz., Pandiyaraj, S/o.Saravanan, aged about 26 years, is directed to be released forthwith unless his detention is required in connection with any other case. (M.S.R.,J.) (M.N.K.,J.) 10.08.2023 NCC : Yes / No Index : Yes / No Lm To 1.The Additional Chief Secretary to Government, The State of Tamil Nadu, Home, Prohibition and Excise Department, Fort St.George, Chennai - 9.

2.The District Collector and District Magistrate, Thoothukudi District, Thoothukudi.

3.The Superintendent, Central Prison, Palayamkottai, Tirunelveli District.

4.The Inspector of Police, Soorankudi Police Station, Thoothukudi District.

5.The Joint Secretary to Government, Public (Law and Order), Fort St.George, Chennai.

6.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

M.S.RAMESH,J.

and M.NIRMAL KUMAR,J.

Lm H.C.P.(MD)No.645 of 2023 10.08.2023